Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

Thanks for your responses, that's a great help

I have a few more questions - On the Directions Questionnaire form it asks how many witnesses, including yourself, will give evidence. I noticed that Lowell wrote 0 in that box on their form for that question, so I am a bit confused as to whether I should put 0 or 1. Can someone please let me know what I need to put in that box?

Also at the top of the form there is a box where you have to put your name. Beneath the box it's got 'who is [1st] [2nd] [3rd] [ claimant defendant etc.
Lowell put a line through all 1st, 2nd and 3rd on their form, so do I do the same, or am I the [1st] Defendant?

Do I need to send copies of the questionnaire to both Lowell and their Solicitors?

Comment

Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

Lowell seem to always state "0" means nothing at this stage, as can send somebody at the last minute and do in most cases if they do not discontinue, so do not misread their intention, many of us find that out pretty quick.

Comment

Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

Hi again,

I sent the DQ back and served one on Lowells and I also sent one to their solicitors too, but the one I sent to Lowells was never signed for. I have now checked with Royal Mail and they are saying it has been lost in the post! Can anyone tell me if I should resend it even though it's going to be very late now, or if I just leave it will it have an effect on my case?

Comment

Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

As the court and the solicitors received it you should be OK - does it say on the claim form that documents should be served on the solicitors or the claimants ( On my claim form it lists the solicitors as the address for sending documents or payments!)

Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
I have no formal legal training
Any advice is offered without liability
If in doubt take professional legal advice or contact the CAB

As the court and the solicitors received it you should be OK - does it say on the claim form that documents should be served on the solicitors or the claimants ( On my claim form it lists the solicitors as the address for sending documents or payments!)

Just looked at the claim form, and yes it does say to send documents to the Solicitors, so that's one less thing to worry about then Thanks

Comment

Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

Hi again,

I've received the SARS data from JD Williams now. They haven't been able to send me a copy of any Agreement and no copy of any Default Notice. It basically says on one piece of data 'Credit Agreement Scanned Copy Not Available' and then on another referring to the Credit Agreement, there is a just a piece of paper stating 'No Details Available'. So I assume that does mean they definitely don't have a credit agreement. I am wondering if my next step should be to write to Lowell to bring it to their attention that JD Williams haven't been able to provide an Agreement and to say they don't have any legal right to pursue a case without an agreement? Please can someone tell me if that would be the right thing to do next, or should I just wait? As things currently stand, the case has been sent on to the court now for the judge to decide what happens next because wasn't in a position to go for mediation when they called me.

Thanks in advance for your help

Comment

Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

Right now I would not say anything about it. If and when you have to write a witness statement , that may be the time to say you did not sign an agreement and maybe explain how the account was opened and then use the documents from the SAR to support your claim that nothing was signed.

Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
I have no formal legal training
Any advice is offered without liability
If in doubt take professional legal advice or contact the CAB

Comment

Re: Do I have grounds for defence? County Court Claim: Lowell - JD Williams

Hi Everyone,

My case is resolved now as about a week or so after I received a letter from the court informing me that the case was set to be heard in January, I got a letter and notice this week from Lowell saying the case was DISCONTINUED. Really pleased with the outcome and a really BIG thank you to everyone that helped me with this

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SHORTCUTS

If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.
NOTE: If you receive a court claim note these dates in your calendar ...Acknowledge Claim - within 14 days from Service

Defend Claim - within 28 days from Service (IF you acknowledged in time)

If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.

We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.

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